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1. The defendant shall pay to the plaintiff the amount of KRW 93,737,957 and KRW 82,493,853 among them, from March 22, 2017 to the day of full payment.
Reasons
Basic Facts
On November 17, 2015, the Plaintiff agreed to enter into a contract for the management lease of ALPHHERA with the Defendant for the lease of a marina car (B; hereinafter referred to as “instant car”) with respect to the MPG car designated by the Defendant, 106,373,200 won for the lease period, 60 months for the lease period, 1,969,583 won for the monthly lease, and damages rate for delay at 24% per annum.
(2) In the event that the customer delays the monthly rent on more than two consecutive occasions, the financial company may terminate the contract after notifying the customer at least three business days prior to the date of termination of the contract and claim the return of the motor vehicle. In the event that the customer fails to notify the customer by three business days prior to the date of termination of the contract, the financial company may request the customer to terminate the contract after notifying the delay of performance of the obligation and the date three business days prior to the date of termination of the contract.
(4) Where a contract is terminated due to the occurrence of a cause under this Article, the customer shall pay the damage incurred to the financial company for the early termination fee or stipulated loss under Articles 24 and 25 according to the method of handling the motor vehicle.
Article 24 (Aggravated Termination Fee) (1) In case of returning a motor vehicle for early termination, the customer shall pay the fee for early termination as determined by the financial company to the extent permitted by the law.
(2) In paying the earlier termination fees under paragraph (1), the customer shall pay all obligations including the unpaid lease fees and the amount borne by the customer under the written agreement as of the date of termination.
Article 25 (Damages of Terms and Conditions) ① In the event of purchasing a motor vehicle for earlier termination, the customer shall pay the contractual damages to the financial company to the extent permitted by the law and shall include the unpaid lease fees and the amount borne by the customer under the agreement.